Dr. Bandrapalli Emeema v. The State Of Andhra Pradesh, Rep By Principal Secretary
The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice M.S.K.Jaiswal Writ Petition No.9184 of 2016 Date: 31.03.2016 Between:
Dr.Bandrapalli Emeema .. Petitioner and The State of AP rep. by its Prl.Secretary for medical and Health and Family Welfare Dept., Hyderabad and 3 others .. Respondents Counsel for the petitioner : Mr.Ch.Srinivas Counsel for the respondents: GP for Medical & Health The Court made the following:
Order : (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who filed OA.No.441 of 2016 feeling aggrieved by cancellation of the order appointing him as an Assistant Professor by respondent No.3, filed this Writ Petition with the grievance that while ordering notice to the respondents in the OA, it has not granted an interim order.
At the hearing, Mr.Ch.Srinivas, learned Counsel for the petitioner, submitted that the practice being followed by the Tribunal of late is that without considering the request for interim order, notices are being ordered in the Original Applications and that thereafter, the requests for interim reliefs are not being considered.
In our opinion, when the request for an interim relief is made, the Tribunal has to consider the same and pass appropriate order either granting or refusing to grant the interim relief and in the latter case, it shall record the reasons therefor. Nonconsideration of the requests for grant of interim reliefs may result in serious miscarriage of justice.
Therefore, while declining to intervene at this stage, the Writ Petition is disposed of with liberty to the petitioner to file an application before the Tribunal for considering his request for grant of interim order. If such an application is filed, we are sure, the Tribunal will consider the same and pass appropriate order thereon.
Subject to the above observations, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.11640 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) _______________ (M.S.K.Jaiswal, J) Dt: 31st March, 2016 lur